D. 18,6,9 (GAIUS LIBRO 10 AD EDICTUM PROVINCIALE)
WHY SHOULD THE SELLER PAY FOR THE TREES?
DOI:
https://doi.org/10.30925/zpfsr.46.2.3Keywords:
emptio venditio, material defect, immovable, arbores vento, Roman law.Abstract
This article deals with the concept of the seller’s liability for failing to disclose relevant information to the buyer before the conclusion of a sales contract in classical Roman law. The main source underpinning this analysis is D. 18,6,9, which describes a case where the force of the wind uprooted trees on an immovable property subject to sale. The seller was aware of such an event but failed to inform the buyer. Gaius claims that the seller should reimburse the buyer for their loss, highlighting the additional protection afforded to the buyer in such cases. The thesis is supported by the analysis of other sources that address sales contracts with the wind uprooting trees, or a knowing seller withholding information from the buyer. Consequently, the article aims to explore the seller’s liability for a dubious latent defect in order to evaluate whether the maxim caveat emptor correctly defines the rules of risk management concerning withheld information on events that occurred during precontractual negotiations in the sale of immovable property under classical Roman law.
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